Care assistant at Dingwall home struck off for turning up for work under influence of alcohol as Scottish Social Service Council (SSSC) gives verdict

A DINGWALL care assistant who worked at a home for vulnerable adults has been struck off for endangering residents by turning up for work under the influence of alcohol.

The decision against Malina Legge was made by the Scottish Social Service Council (SSSC) and came into effect on August 2.

The SSSC decided that based on the facts her fitness to practise is impaired, and she should be removed from the register of care staff.

The SSSC decided there is evidence that on June 27, 2016, at Tain Sheriff Court, Ms Legge was convicted of driving a car while over the legal limit for alcohol.

It was also found that on or around New Year’s Day, 2021, while employed as a health care assistant by RDS Healthcare Ltd at Wyvis House Care Home, she attended work under the influence of alcohol.

The decision stated: “In light of this your fitness to practise is impaired because of your conviction and your misconduct. Social service workers must be reliable and dependable. They must not put themselves or others at unnecessary risk and must not behave in a way in or outside work which would bring their suitability to work in social services into question.

“You attended work while under the influence of alcohol. You had previously been convicted of drink driving. Your actions had the potential to cause unnecessary harm to residents in your care and others you work with.

“Attending work while under the influence of alcohol having previously been convicted of drink driving suggests that you lack the self-control and reflection required in a caring profession.

“Your behaviour is such that it could be considered fundamentally incompatible with professional registration. By attending work under the influence of alcohol, you placed residents at serious risk of harm. Your professional ability and judgment were impaired by the effects of alcohol. Your actions were serious.

“We can take no assurance that your behaviour has been remedied. Your previous conviction shows that you had previously put the public at risk of harm while under the influence of alcohol. There is a pattern of you doing so despite a criminal conviction. There is a real risk of repetition of the behaviour.

“Public confidence in the profession and the SSSC as its regulator would be damaged if you were allowed to practise on an unrestricted basis.”

The SSSC pointed out Ms Legge was written to in June 2022 to tell her the SSSC wanted to place a removal order on her registration.

The finding stated: “After explaining the consequences and recommending you take legal advice, you have not asked for the case to be referred to a fitness to practise panel. We are therefore permitted by the rules to impose this removal order.”